(a) Term. This chapter and the procedures established herein shall remain in effect unless and until repealed, amended, or modified by the City Council in accordance with applicable State law and the Codified Ordinances.
(b) Affected Area. Impact fees are to be imposed on new development proposed within the corporate boundaries of the City.
(c) Type of Development Affected. Except as provided in paragraph (d) below, this chapter applies to all new development and all revenue producing areas of the development; which includes patios, outdoor sales and service areas, car lots, gas station canopy area, and all similar such areas. If a building permit has been issued prior to the effective date of this chapter, then the development will be considered new development and an impact fee shall be imposed and paid prior to the issuance of an occupancy permit.
(d) Type of Development Not Affected; Exemptions. This chapter does not apply to:
(1) No net increase in nonresidential development. No impact fee may be imposed on any new nonresidential development that does not increase the demand for public facilities for which impact fees are being imposed; this includes such non-revenue producing areas of a development as storage yards, porches without sales area or merchandise displays, and all similar such areas.
(2) Remodeling or improvements. No impact fee may be imposed for remodeling or improvements to an existing building or structure that does not add new dwelling units.
(3) Replacements. No impact fee may be imposed on the replacement of a destroyed or partially destroyed building or structure provided that there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(4) Temporary uses. No impact fee may be imposed on a temporary use, including construction trailers and offices, but only for the life of the building permit issued for the construction served by the trailer or office.
(5) Development agreements. No impact fee may be imposed on new development that is the subject of a duly executed and lawful development agreement entered into by an applicant and the City prior to the effective date of this chapter, which agreement contains provisions in conflict or inconsistent with this chapter, but only to the extent of the conflict or inconsistency.
(6) Governmental uses exempt. Prior to the issuance of a building permit, a local, regional, State or Federal governmental agency or school district may seek an exemption to this chapter by applying to the City Council. The City Council shall review all such exemption applications and shall establish a reasonable basis for the granting or denying of all such requests. If the City Council grants the exemption, the City Council may deposit funds from a revenue source other than impact fees into the designated impact fee account equal in amount to the impact fees otherwise owed by the governmental agency.
(7) Other uses. No impact fee may be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities. This includes the following uses as defined in Section 1270.11 of the Codified Ordinances, or Table 1 of the Planning and Zoning Code: agriculture; com. telecommunications equip.; commercial antennas; grain silos; home occupations; noncommercial antennas; and satellite dishes.
(8) Settlement agreement. Any new or increased impact fees imposed by the City pursuant to this chapter within five years from the dismissal of the civil action, styled Building Industry Association of Ohio, et al., v. City of Pickerington, Case No. 03CVH11-12173, in the Franklin County, Ohio, Court of Common Pleas with prejudice (the "Dismissal") do not apply to:
A. Any lot for which the builder/developer has a written contract with a home buyer as of the date of adoption of this chapter;
B. Speculative homes (i.e. homes without a contract with a homebuyer) which are completed and ready for occupancy (i.e. for which an application for a temporary occupancy permit has been filed) as of the date of adoption of this chapter; or
C. Homes for which a building permit application has been applied for and the permit has been picked up and the fees due at the time of pick-up have been paid as of the date of adoption of this chapter, so long as the construction has begun (i.e. footers have been poured) on the home within 90 days after the date of adoption of this chapter.
(9) Conflict. In the event of a conflict between the application of this chapter and the Settlement Agreement resulting from Building Industry Association of Ohio, et al., v. City of Pickerington, Case No. 03CVH11-12173, in the Franklin County, Ohio, Court of Common Pleas with prejudice, the terms and provisions of the Settlement Agreement shall control.
(e) Effect of Payment of Impact Fees on Other Applicable City Land Use, Zoning, Platting, Subdivision, or Development Regulations.
(1) The payment of impact fees shall not entitle the applicant to a building permit unless all applicable land use, zoning, planning, dedication, platting, subdivision, or other related requirements, standards, and conditions of the Codified Ordinances have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of an impact fee.
(2) This chapter shall not affect, in any manner, the permissible use of property, density intensity of development, design and improvement standards, or other applicable standards or requirements of the Codified Ordinances, which shall remain operative and in full force and effect without limitation.
(f) Amendments. This chapter, and any ordinance adopting impact fees for any particular public facility pursuant to this chapter, may be amended from time to time by the City Council; provided, however, that no such amendment shall be adopted without a written report detailing the reasons and need for the impact fee revision nor without proper notice and public hearing as required by State law and the Codified Ordinances.
(Ord. 2007-45. Passed 8-21-07.)